Legal Opinion
Montoya v. Chao
Court of Appeals for the Tenth Circuit
Decided July 11, 2002No. 01-1357PublishedCited by 589 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
Ernesto L. Montoya, formerly employed by the Mine Safety and Health Administration (“MSHA”), appeals the district court’s dismissal of his national-origin and age discrimination claims against the MSHA for lack of jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1), due to his failure to file his suit in a timely manner. Montoya argues that the period of limitation prescribed by the Civil Service Reform Act (“CSRA”) for bringing an action in federal court is not jurisdictional and that this limitations period should be equitably tolled to excuse his late filing. We agree…
2Cases cited14 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- United States v. BrockampSupreme Court of the United States · 1997
- Stuart v. Colorado Interstate Gas Co.Court of Appeals for the Tenth Circuit · 2001
9 more not listed; retrieve them via the Exa API.
3Cited by589 opinions
- Devon Energy Production Co. v. Mosiac Potash Carlsbad, Inc.Court of Appeals for the Tenth Circuit · 2012
- Husky Ventures, Inc. v. B55 Invs., Ltd.Court of Appeals for the Tenth Circuit · 2018
- Richard M. Villarreal v. R.J. Reynolds Tobacco CompanyCourt of Appeals for the Eleventh Circuit · 2016
- Robert K. Oja v. Department of the ArmyCourt of Appeals for the Federal Circuit · 2005
- Aguayo v. AMCO InsuranceDistrict Court, D. New Mexico · 2014
584 more not listed; retrieve them via the Exa API.